05-07-2012 Council Agenda - Laserfiche WebLink

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LEAGUE of MINNESOTA CITIES May 26, 2011 Joel Hanson, Administrator City of Little Canada 515 Little Canada Rd I3 Little Canada MN 55117 Dear Joel, CONNECTING & INNOVATING SINCE 1913 Thank you for your questions about liability concerns related to liquor sales. I gather you have other materials on the subject, so I will try to focus on particular concerns arising from the proposal you have described. As I understand it a local organization has proposed raising funds by selling trays of drinks at a large community gathering. In other words, a purchaser would buy up to 14 drinks at a time, presumably for consumption by a group of his or her friends and acquaintances. This raises two primary concerns. Both of these are connected to the seller's lack of control over the alcohol once the transaction has occurred. First, this significantly increases the risk of serving an intoxicated person. The consequences of doing so can be quite serious. If, for example, part ofa drink tray was consumed by someone who would not have been served if he or she had individually approached the server, and that person later gets into an automobile accident, it is highly likely the seller will find itself the subject of a lawsuit. Similarly, selling drinks by the tray substantially increases the chance that an underage person will get a drink. While a server may have the hest of intentions, it becomes very difficult to control access to the alcohol once a tray is circulating through the crowd. If a minor did obtain a drink and ended up hurting him or herself, or someone else, the seller would again likely find itself involved in litigation. Beyond the risk of civil litigation, illegal sales can carry criminal penalties. While that might seem like a remote possibility, an accident involving death or serious injury will almost certainly draw the attention of law enforcement and the county attorney. Providing alcohol to a minor or an obviously intoxicated person is punishable by stiff fines and jail time. It would be a tragedy if a well- meaning volunteer ended up facing criminal charges because of his or her participation in a fundraiser like this. LEAGUE OF MINNESOTA CITIES INSURANCE TRUST 145 UNIVERSITY AVE. were PHONE: (651) 281 -1200 FAX: (651) 281 -1298 5T. PAUL. MN 55103 -2044 TOLL FREE: (800) 925 -1122 WEB: W WW.LMC.ORG 13